Man to sue authorities after mistakenly diagnosed with HIV

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Diagnosed with HIV in December 2008, Zhong Xiaowei thought his life's only purpose was waiting to die. Seven years later, Zhong found he was mistakenly diagnosed.

The man told The Paper last Friday that he decided to sue Chengdu Center for Disease Control and Prevention (CDC) and Sichuan CDC in southwest China, and is asking for a public apology and compensation.

The year 2008: A turning point

A former drug user, Zhong finally quit and ran a restaurant in 2008. He also planned to tie the knot with his girlfriend Xiang Yaling, also a former drug user. Everything seemed to be on track.

Zhong's test report in 2008. /The Paper Photo

However, Zhong’s life changed in December, when he received an HIV positive diagnosis from Chengdu CDC. The report was confirmed by the Sichuan CDC.

After seven years of heroin use, Zhong accepted the test results without a second thought.

Zhong Xiaowei /The Paper Photo

Though Zhong accepted his diagnosis, the thought of living a life with HIV made him eager to die.

His girlfriend and family members all broke ties with him. He spent everyday indoor, with curtains closed and never dared to sleep in his bed. "Death is better than life," Zhong told The Paper. He refused treatment, living at low-rent housing with living assistance benefits offered by the government.

Seven years later: Zhong, HIV negative

In 2015, Zhong went to the Jinniu District CDC in Chengdu to take the annual CD4 test, a measurement of glycoproteins found on the surface of immune cells, in an attempt to receive a basic allowance with the test report. While he was there, he read a brochure and saw that he had none of the clinical symptoms seen in typical HIV-positive patients.

Zhong then took a blood test at Huaxi Hospital of Sichuan University and received an HIV negative report on December 25. In January 2016, he went to Jinniu District CDC and received the same results.

Huaxi Hospital of Sichuan University report in 2015. /The Paper Photo

In Zhong’s HIV antibody confirmatory testing report, the note said “This report is only responsible for the submitted sample. ID number is unknown.” Under Chinese law, personal information of HIV carriers is confidential and must not be leaked to irrelevant parties.

Who's at fault?

After seeing Zhong’s latest test report, the Sichuan CDC reexamined the blood sample taken from Zhong in 2008 and the result was still HIV positive. The Chengdu CDC claimed that they could only affirm that the sample in 2008 did not belong to Zhong. However, Zhong said he had his blood tested at the Chengdu CDC, with the institute's staff sealing it up.

Chengdu Jinniu District CDC report in 2016. /The Paper Photo

From 2008 to 2015, no official sign showed Zhong getting tested for CD4, but Zhong claimed he went to the Jinniu District CDC every year. Doctors there were unable to take his blood, and he reported the issue to the staff.

He Qinying from the Chengdu CDC told The Paper that it's possible that the doctor couldn't take blood from Zhong’s hand, as he injected drugs for many years. But He added that doctors can take blood from other body parts. “I’m not sure whether the staff member did this,” He said.

Chengdu CDC. /The Paper Photo

After being diagnosed as HIV negative, Zhong continuously asked the Sichuan and Chengdu CDCs to give him an explanation. Yet, he has not received any response from the authorities, even an apology.

China had 718,000 known cases of HIV/AIDS as of June 2017. "About 20 to 30 percent are undiscovered or unaware of their infection," Han Mengjie, director of the Chinese Center for Disease Control and Prevention (CDC) told Xinhua.